Sanjay Sanap Sanju Sanap Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 460 of 2021

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BA 460/2021 in RA 559/2021
IN THE COURT OF SPECIAL JUDGE,CBI FOR GR.BOMBAY
AT BOMBAY
Bail Application No. 460 of 2021
In
Remand Application No. 559 of 2021
In
RC No. 0262021 A0008
CBI, ACB, Mumbai
(CNR No.MHCC02-006760-2021)
Sanjay Sanap @ Sanju Sanap
Age : 47 yrs, Occ: Business,
Residing at CGS Colony, Building No.9,
Room No.79,
Ghatkopar W,
Mumbai 400 084.
V/s
State
at the instance of the
C.B.I., A.C.B., Mumbai
…. Applicant
(Original Accused)
…. Respondents
(Original Complainant)
Appearances:
Ld S.P.P. Shri. Sandeep Singh for CBI.
Ld. Advocate Shri. Aditya Mokashi for the applicant/accused.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI A.S. SAYYAD
CBI SPECIAL COURT (C.R.No.52)
DATE
: MAY 28, 2021.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
Applicant seeks his release on bail under the provision of Code of
Criminal Procedure in connection with RC 0262021 A 0008 in Remand
Application no. 559 of 2021 registered with CBI, ACB, Mumbai for the
offences punishable u/s. 120 of Indian Penal Code r/w section 7A of the
Prevention of Corruption (Amendment) Act 2018.

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2.

BA 460/2021 in RA 559/2021
Heard Ld. Advocate Shri. Aditya Mokashi for the accused and Ld.

SPP Shri. Sandeep Singh for CBI at length.
3.

The accused allegedly demanded and accepted of Rs.30,000/- as
bribe amount from the complainant for influencing the unknown public
servant. From the investigating papers, it appears that the offence has
registered on 21.05.2021 and on the same day the accused was arrested
and thereafter produced before the Court. The accused thereafter
remanded to police custody. It further appears that almost investigation
of this case appears to be completed now, therefore the I.O. sought
judicial custody of the accused. The alleged bribe amount has been
already recovered and seized from the accused. The accused appears to
be residence of area Ghatkopar, Mumbai.
4.

The Ld. SPP though raised strong objection to this bail application
of the accused contending that if the accused is enlarged on the bail,
probability of hampering or tampering prosecution witnesses may not be
ruled out, however, these grounds are not suifficient to decline to
consider this application. It is noted that now in days Corona Virus is
increasing and other factor is that the trial of this case not likely to be
concluded in near time. In such situation, it would not proper to keep
behind bar the accused for indefinite period. Apprehension of the
prosecution can be taken into consideration by imposing certain terms
and conditions while considering this application. Considering the
gravity and nature of offence and the punishment provided for the
same,
no prejudice will be caused to prosecution if the accused is
enlarged on bail subject to certain conditions, hence the following order-
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BA 460/2021 in RA 559/2021
ORDER
1.
Applicant/accused Mr. Sanjay Sanap @ Sanju, in connection with
RC 0262021A0008 registered with CBI/ACB, Mumbai be released on his
execution P.R. bond of Rs.30,000/- (Rs. Thirty Thousand only) with one
or two sureties in the like amount.
2. Provisional cash bail of Rs. 30,000/- is granted to the accused for
two months from today.
3.
Applicant/accused shall not directly or indirectly make any
inducement and/or influence and or pressurize or cause any threat or
give any promise to anybody acquainted with the facts of accusations
made against the applicant/accused, so as to dissuade such person from
disclosing such facts to the court or to the investigating agency and shall
not tamper in any manner whatsoever with the prosecution evidence
whatsoever.
4.
Accused shall attend concerned Police Station on every Monday in
between 10.00 a.m. to 01.00 p.m. till filing of charge-sheet.
5.
Applicant/accused shall not commit similar offence and shall not
misuse the bail in any way.
6.
Applicant/accused shall furnish copy of his Aadhar card and all
other documents of his permanent residence to police.
7.
Applicant/accused shall not change his permanent residence and
shall not leave City of Mumbai without prior written permission of this
Court.
8.
In the event any of the condition herein being violated, the
prosecution would be at liberty to seek for cancellation of bail.
9.

Bail Application No. 460 of 2021 stands disposed off accordingly.

Date :28.05.2021
(A.S. Sayyad)
Special Judge (C.B.I.),
City Civil & Sessions Court,
Gr. Bombay.

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Dictated on
Transcribed on
Signed by HHJ on
: 28.05.2021
: 28.05.2021
: 28.05.2021
BA 460/2021 in RA 559/2021
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BA 460/2021 in RA 559/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
28.05.2021 (1.30 p.m.)

MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)

Shri A.S. Sayyad
C.R. No.52
Date of Pronouncement of JUDGMENT/ ORDER
28.05.2021
JUDGMENT/ORDER signed by P. O. on
28.05.2021
JUDGMENT/ORDER uploaded on
28.05.2021